Tuesday, May 16, 2006

2255 Petitioner Wins IADA Claim

U.S. v. Graham, 2006 WL 1196250 (5/5/06) - A victory for a 2255 movant. The movant is entitled to an evidentiary hearing where counsel did not raise an IADA claim that was a good claim because (a) the government incorrectly filed a non-IADA detainer [when it should have been an IADA detainer] and (b) the defendant did not receive notice of a dismissal of the federal indictment without prejudice [when the court could have dismissed it with prejudice].